Summary
A 38-year-old field engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from two domestic violence arrests and the applicant's subsequent failure to disclose these incidents on his security clearance application.
Specifically, the applicant was charged with domestic violence, harassment, criminal mischief, kidnapping/false imprisonment, and third-degree assault related to one incident, and separately arrested and charged with harassment in June 2003. The Statement of Reasons alleged the applicant falsified his answer to question 26 on his Security Clearance Application by denying these arrests and charges, thereby violating 18 U.S.C. § 1001.
The judge determined that the applicant's conduct, including the arrests and the knowing and willful failure to disclose them, raised significant doubts about his judgment and trustworthiness. No mitigating factors were presented to alleviate these security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant was arrested twice for domestic violence, which raised concerns about his judgment and reliability.
- He knowingly and willfully failed to disclose his arrests on his security clearance application, violating 18 U.S.C. § 1001.
- The applicant did not demonstrate any mitigating factors to alleviate the security concerns raised by his criminal conduct.
Conditions Referenced
- DC E2.A10.1.2.1raisedAllegations of Criminal Conduct Raised Against Him
- DC E2.A10.1.2.2raisedEngaged in a Single Serious Crime or Multiple Lesser Offenses
- DC E2.A5.1.2.2raisedDeliberate Falsification or Omission of Relevant and Material Facts From Any SCA
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedAug 17, 2006
- Answer filedSep 5, 2006
- Hearing heldDec 13, 2006
- Decision dateDec 29, 2006
Cite For
- Failure to Disclose Arrests on a Security Clearance Application Under Guideline E
- Impact of Domestic Violence Arrests on Security Clearance Eligibility Under Guideline J
- Burden of Proof on the Applicant to Demonstrate Eligibility for Security Clearance.